ALL OTHER LEGAL ARTICLE INDEX FOR 2020 FROM THE BACKGROUND BUZZ (43)
January | Pennsylvania: An amendment to Pennsylvania’s Child Protective Services Law prevents an employee who has direct contact with children from starting the job without a background check.
January | National: Financial institutions should be screening employees to determine if an employee could pose a FCPA threat.
January | National: The CFPB issued Supervisory Highlights in 2019, covering the topics of credit reporting and furnishing credit information to CRAs.
February | National: The House of Representatives passed the Comprehensive CREDIT Act of 2020, changing federal laws regarding consumer reporting agencies and credit checks.
February | Pennsylvania: A PA amendment to its Child Protective Services Law prohibits employees, administrators, supervisors and others from employing applicants on a provisional basis without a waiver from the department.
February | Pennsylvania: A Pennsylvania court ruled that nothing prohibits a school district from requiring criminal background checks on workers that have no direct contact with children.
February | California: A lawsuit against Walgreens has been settled and, in addition to $7.5 million in penalties, costs and remedial payments, requires steps to ensure compliance.
February | National: With FCRA class action lawsuits expected to continue to rise, there are three steps that can be taken to ensure compliance before hiring.
March | California: Walgreens was sued for allegedly employing an unlicensed pharmacist, who dealt with more than 750,000 prescriptions.
March | Wisconsin: It has been determined that the Wisconsin Department of Justice must expunge arrest records of people who aren’t charged from its criminal database.
March | National: Akin Gump continues to track court closures in response to COVID-19.
April | National: The Consumer Financial Protection Bureau believes that flexibility will help furnishers and CRAs to manage the challenges the pandemic has posed.
May | New York: A Manhattan Fresh Direct and others in the franchise were accused of excluding workers with certain types of criminal records, a violation of New York laws.
May | Massachusetts: Massachusetts’ Department of Criminal Justice Information Systems (DCJIS) passed an Emergency Regulation addressing social distancing limitations.
May | California: Non-compliant businesses should quickly become familiar with requirements and components of the California Consumer Privacy Act (CCPA).
May | Illinois: A preliminary settlement has been reached in a case alleging violations of the Illinois Biometric Information Privacy Act (BIPA).
May | Illinois: The Seventh Circuit ruled that alleging a defendant failed to comply with prior notice and consent requirements under the Illinois BIPA is sufficient to confer Article III standing.
June | California: If approved, businesses in California will have little to no notice before the CCPA regulations become effective.
June | Florida: A former employee’s argument that his employer violated the FCRA when it provided the consumer report disclosure with other application materials has been rejected.
June | California: A possible amendment to the California Consumer Privacy Act of 2018 was approved for inclusion on the November ballet.
June | National: Five key elements are highlighted in guidelines released by the FTC on the use of AI and algorithms.
June | National: An amendment to the Heroes Act would significantly impact the information employers receive when requesting an employment-related background check from a vendor.
July | Colorado: A bill was vetoed by Colorado’s governor that would remove specific requirements for private investigators.
July | National: The structure of the Consumer Financial Protection Bureau was determined by the Supreme Court to be unconstitutional, but it is permitted to operate under new rules.
July | Delaware: Sallie Mae Bank has been accused by the U.S. District Court of Delaware of using a criminal history check policy that has a discriminatory impact on Black applicants.
July | National: A Compliance Aid was issued by the CFPB that will assist in interpreting the consumer reporting requirements of the CARES Act and other policies and regulations related to it.
August | National: Three FCRA cases clarified the definition of CRA and the scope of liability for CRAs versus users and furnishers.
August | National: The retail and healthcare industries both have struggled with how to obtain and consider background check information for hiring and personnel decisions during the pandemic.
September | National: With FCRA-related cases on the rise, it is important for employers to follow all regulations, while keeping its processes simple and clear.
September | California: A bill was passed in California that creates a Department of Financial Protection and Innovation and bolsters legal protections for consumers.
September | Oregon: Portland recently banned the use of facial recognition technology in any place of public accommodation.
October | Oregon: Portland became the first jurisdiction in the United States to ban the private-sector use of facial recognition technology in public places within the city.
October | Texas: Employers in Texas should be aware of the Capture or Use of Biometric Identifier Act (CUBI), which applies to commercial uses of biometrics.
October | National: Taking careful precautions when it comes to the use of biometric technology will help businesses avoid the potential risk of noncompliance with state privacy laws.
October | Maine: The FCRA preempts two 2019 amendments to Maine’s credit reporting law, as ruled by a Maine federal district court.
October | New York: Lawmakers are aiming to repeal the “loitering for the purpose of prostitution” law, which allows police to detain or arrest someone if officers think the loitering it is for sex work.
October | National: Several groups are urging the CFPB to consider limiting the additional time provided to the credit industry to investigate disputes to 15 or 30 days.
October | Pennsylvania: Pennsylvania’s governor has extended the time period for certain professionals to obtain a criminal history background check if they are unable to complete their fingerprint scan due to the pandemic.
October | Oregon: Portland has passed an ordinance that aims to ban the use of “facial recognition technology” in any place of “public accommodation.”
October | Ohio: The Ohio Supreme Court held that it is not an invasion of privacy for an employer to directly observe employees provide urine samples for drug tests.
October | Illinois: The Illinois Appellate Court recently ruled that a company’s liability insurance policy for personal injury covered an underlying class action alleging violations of the PIPA.
November | California: The employee in Lila Garcia-Brower v. Premier Automotive Imports of CA, LLC, was found to present enough evidence to prove the employer knew a past conviction was dismissed.
December | National: WebRecon makes some official predictions about the final numbers for the year regarding CFPB complaints, FCRA suits, TCPA suits and FDCPA suits.